Ankle decisions — 2005

The Board found that the appellant did not meet the criteria for benefits under 38 U.S.C.A. § 1151 due to a fall at a VA medical facility in December 1991, as there is no credible evidence indicating any additional disabilities resulted from this incident.

The Board found that the veteran's service-connected right knee disorder more likely than not contributed to his back pain, and granted service connection for multiple levels of degeneration throughout the spine as secondary to his service-connected post-traumatic arthritis of the right knee.

The Board denied the veteran's claim for an increased rating for his service-connected left foot disability, finding that the evidence did not support a higher evaluation than the current 10 percent.

The Board found no evidence of a current left ankle disability attributable to service and denied the veteran's claim for service connection.

The Board has denied all service connection claims as there is no evidence of current disabilities related to active duty.

The veteran's appeal is being remanded for additional development of his claim, including consideration of new evidence and a readjudication by the RO.

The Board has denied the veteran's attempt to reopen his claim for service connection of a right ankle disability, finding that the new evidence submitted does not relate the current condition to military service.

The Board has determined that the veteran's service-connected right ankle disorder, which is manifested by pain and more than moderate limitation of motion, does not warrant a rating in excess of 10 percent.

The Board denied an increased evaluation for the veteran's residuals of a shell fragment wound of the left ankle and foot, finding that his disability did not meet the criteria for an evaluation in excess of 30 percent.

The Board denied service connection for the veteran's claimed bilateral foot, ankle, leg, and neck disorders as they were not shown to be related to his military service.

The Board has denied the veteran's claims for service connection for sterility, prostate cancer, a cervical spine disability, a left hip disability, and a left ankle disability. The claim for service connection for PTSD is also denied. Additionally, the RO found that new and material evidence had not been received to reopen claims for service connection for kidney stones and a low back disorder.

The RO denied service connection for residuals, right ankle injury in a September 28, 1989 rating decision. The veteran argues that there was clear and unmistakable error (CUE) in this decision.

The veteran's service-connected post-operative disability of the right fourth toe with painful callosities does not meet criteria for an increased rating beyond 10 percent.,There is no evidence that the veteran has a current disability of the right knee or hip that is related to his service-connected disability of the right fourth toe. Therefore, service connection for these disabilities secondary to the right fourth toe is denied.,Similarly, there is no evidence that the veteran has a current disability of the right ankle or lumbar spine that is related to his service-connected disability of the right fourth toe. Therefore, service connection for these disabilities secondary to the right fourth toe is also denied.

The Board has determined that the veteran's service-connected right ankle sprain with traumatic arthritis warrants a rating of no more than 20 percent, which is already at its maximum level.

The Board has determined that the veteran's claims for increased evaluations of his residuals of fracture of the left ankle and postoperative residuals of right ankle sprain are denied as they do not meet the criteria for a higher rating.

The veteran's right ankle disability is currently rated at 20 percent, and his low back disability is rated at 10 percent. The Board has determined that the evidence does not support a higher rating for either condition.

The Board has determined that the veteran's right inguinal hernia and right ankle disability were not incurred or aggravated during service, and therefore denied both claims.

The Board has denied the veteran's claims for service connection and increased ratings, as well as his claim for a total compensation rating based on individual unemployability. The case is remanded to provide proper VCAA notice.

The Board denied the veteran's claims for earlier effective dates and ratings for his ankle disabilities, finding no clear and unmistakable error in the original rating decisions.

The veteran's claims for increased ratings and service connection have been denied. The Board found that the evidence did not support a higher rating for his left ankle fracture or a separate rating for his degenerative disc disease at L3-L4, status post laminectomy and diskectomy.